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Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

#221: All About Clarence Thomas

Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture

The Heritage Foundation

Government

4.5527 Ratings

🗓️ 22 February 2018

⏱️ 29 minutes

🧾️ Download transcript

Summary

This week, Elizabeth & Tiffany talk about dueling concurrences and the witch hunt against Clarence Thomas. They chat with former West Virginia SG (and G.O.A.T.) Elbert Lin. The ladies wrap up with a $10,000 question in Supreme Trivia.

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Transcript

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0:00.0

I'm Elizabeth Lattery and I'm Tiffany Bates and welcome to SCOTUS 101 where we break down what's happening at the Supreme Court, what the justices are up to, and other things related to our favorite branch of government.

0:13.6

This week we're talking about the court's recent opinions and denials, a scurrilous attack on Justice Clarence Thomas and we'll interview Albert Lynn, the former Solicitor General of West Virginia.

0:23.1

So what's happening at SCOTUS this week?

0:25.9

Well, the justices are back.

0:27.6

They're hearing oral arguments this week and issuing a few opinions and some orders.

0:33.1

So there wasn't any action on a few cases we've been watching with interest, including

0:37.9

Garco Construction, which is a challenge to our or seminal rock deference.

0:43.5

Also, no action on the DACA immigration case.

0:46.9

But there were a few opinions and at least one noteworthy denial that we wanted to mention.

0:52.1

Yeah, so one interesting opinion this week in Class versus United States, the court held that the defendant in this case did not waive his right to challenge the constitutionality of the statute under which he had pled guilty.

1:05.3

So this guy, Mr. Class, was charged with possessing firearms that were locked in his Jeep that he parked on the U.S. Capitol grounds,

1:12.9

which is such a dumb idea.

1:14.6

There's cops everywhere.

1:16.8

Anyways, he pled guilty and he waived his right to appeal certain claims,

1:20.9

but he reserved the right to appeal some other claims,

1:23.7

but nothing was said about his right to contest the statute was unconstitutional on

1:28.6

appeal. So today, the court said that a guilty plea on its own doesn't waive the very power

1:35.0

of the state to prosecute him. So the court also decided Digital Realty Trust versus Summers.

1:40.3

This is a case dealing with whistleblowers who report violations of the securities laws.

1:45.8

So this was stemming from the Dodd-Frank Act of 2010, I believe.

1:52.3

So there's an anti-retaliation provision.

1:55.0

But it only covers whistleblowers who report violations to the SEC.

...

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